Smith v. Uttecht

Filing 31

ORDER granting Respondent's 28 Motion to Stay; The Court finds resonable respondent's request for forty-five days to respond to petitioner's habeas petition following dissolution of the stay, by Hon. Mary Alice Theiler. (cc: B. Smith)(VP)

01 02 03 04 05 06 07 08 BEAU A. SMITH, 09 10 11 12 13 14 Respondent seeks to stay this federal habeas corpus proceeding pending the complete UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) Petitioner, ) ) v. ) ) JEFFREY A. UTTECHT, ) ) Respondent. ) ____________________________________ ) CASE NO. C08-0823-JCC-MAT

ORDER GRANTING MOTION TO STAY

15 adjudication of petitioner's state court case under Washington Court of Appeals Cause Number 16 61552-1-I.1 (Dkt. 28.) Petitioner does not dispute the existence of this pending state court 17 matter, but objects generally to the stay, as well to respondent's request for a forty-five day 18 period to respond to petitioner's habeas petition following dissolution of the requested stay. 19 (Dkt. 30.) Now, having reviewed the requested stay and plaintiff's objections, the Court finds 20 Respondent notes the existence of an additional pending state court matter in Washington Court of Appeals Cause No. 62588-8-I. However, it is not clear whether 22 respondent requests a stay in relation to that matter or whether such a request would be appropriate based on the content of the claims in that matter. Accordingly, the Court addresses herein solely Cause No. 61552-1-I. 21 ORDER GRANTING MOTION TO STAY PAGE -1
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01 as follows: 02 (1) Respondent appropriately requests a stay given the existence of an ongoing Accordingly, respondent's motion to stay is GRANTED.

03 related state court matter.

04 Petitioner shall notify the Court, and provide supporting documentation, following the 05 complete adjudication of his case under Cause No. 61552-1-I. The Court will thereafter lift the 06 stay in this proceeding. The Court further finds reasonable respondent's request for forty-five 07 days to respond to petitioner's habeas petition following dissolution of the stay. 08 (2) The Clerk is directed to send a copy of this Order to the parties and to the Hon.

09 John C. Coughenour. 10 11 12 13 14 15 16 17 18 19 20 21 22 DATED this 13th day of April, 2009. s/ Mary Alice Theiler United States Magistrate Judge

ORDER GRANTING MOTION TO STAY PAGE -2